IN THE INDUSTRIAL COURT OF SWAZILAND
HELD AT MBABANE CASE NO. 49/2002
In the matter between:
MICHAEL MASEKO APPLICANT
and
THE PRINCIPAL SECRETARY
MINISTRY OF WORKS 1st RESPONDENT
THE SWAZILAND GOVERNMENT 2nd RESPONDENT
THE ACCOUNTANT GENERAL 3rd RESPONDENT
THE ATTORNEY-GENERAL 4th RESPONDENT
CORAM:
NDERINDUMA: PRESIDENT
JOSIAH YENDE: MEMBER
NICHOLAS MANANA: MEMBER
FOR APPLICANT: S. MOTSA
FOR RESPONDENT: Z. MATSE
JUDGEMENT
26/04/02
The Application for an interim order interdicting the Respondent pending an agreement on the Applicant's retirement package is misconceived.
The court order dated the 28th February, 2002 was to the effect that the Applicant be paid gratuity and other applicable benefits since he had already attained the retirement age.
These benefits are computed in terms of the relevant laws and regulations and there is no provision for agreement as to the manner in which the benefits are computed.
2
The Respondents have failed to establish a clear right to the relief sought. This is a preliquisite for granting an interdict.
In the result the Application is dismissed with costs.
The Members Agree.
NDERI NDZIMA
JUDGE PRESIDENT - INDUSTRIAL COURT